Under the dispute mediation procedure of the Personal Information Protection Act, who may carry out an on-site investigation, and what may a dispute party do when it arrives?
General information · Not legal advice
Material to check
In practice material of this kind, we read the dispute mediation application received by the dispute mediation committee, any record noting that fact-finding was needed for the mediation, the note or report made by the committee member or public official who entered the place, the badge shown to those present, and any written statement by a dispute party giving the reason for refusing.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the scope from the actor and the trigger together: where fact-finding is needed for the mediation of a dispute, the dispute mediation committee may have a committee member, or a public official of an office designated by presidential decree, enter the place related to the case and examine or inspect related materials, and the committee member or public official carrying out the entry and inspection carries a badge showing their authority and must show it to those concerned.
Another reading looks at the limits the provision attaches: the entry and inspection reach only places and materials related to the case and only where fact-finding is needed for the mediation, and a dispute party who has a justifiable reason to refuse may decline by showing that reason, leaving it to the file to show what was entered and what was shown.
Your judgment
When a dispute party refuses to let a member or official inspect, how would the papers show that the reason given was one justifying refusal and that it was shown?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who may conduct the investigation or inspection, or if a decision explains what counts as a justifiable reason to refuse.